2006 Code of Virginia § 36-96.6 - Certain restrictive covenants void; instruments containing such covenants

36-96.6. Certain restrictive covenants void; instruments containing suchcovenants.

A. Any restrictive covenant and any related reversionary interest, purportingto restrict occupancy or ownership of property on the basis of race, color,religion, national origin, sex, elderliness, familial status, or handicap,whether heretofore or hereafter included in an instrument affecting the titleto real or leasehold property, are declared to be void and contrary to thepublic policy of this Commonwealth.

B. Any person who is asked to accept a document affecting title to real orleasehold property may decline to accept the same if it includes such acovenant or reversionary interest until the covenant or reversionary interesthas been removed from the document. Refusal to accept delivery of aninstrument for this reason shall not be deemed a breach of a contract topurchase, lease, mortgage, or otherwise deal with such property.

C. No person shall solicit or accept compensation of any kind for the releaseor removal of any covenant or reversionary interest described in subsectionA. Any person violating this subsection shall be liable to any person injuredthereby in an amount equal to the greater of three times the compensationsolicited or received, or $500, plus reasonable attorneys' fees and costsincurred.

D. A family care home, foster home, or group home in which physicallyhandicapped, mentally ill, mentally retarded, or developmentally disabledpersons reside, with one or more resident counselors or other staff persons,shall be considered for all purposes residential occupancy by a single familywhen construing any restrictive covenant which purports to restrict occupancyor ownership of real or leasehold property to members of a single family orto residential use or structure.

(1972, c. 591, 36-91; 1973, c. 358; 1986, c. 574; 1989, c. 88; 1991, c.557; 1998, c. 873.)